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2026 Budget Law Reshapes Orphan Drug Exclusivity and Reopens Competition

by Bernice Lottering
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Section 6605 of the 2026 Consolidated Appropriations Act requires the FDA to retroactively review active orphan drug exclusivities, potentially narrowing protections for high-revenue products and reopening approval pathways for pediatric and subpopulation-specific therapies previously blocked under disease-wide interpretations. Image: 123rf
Congress enacted the 2026 Consolidated Appropriations Act (CAA) on February 3, 2026, delivering a significant legislative fix for the pharmaceutical industry. Section 6605 of the …

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